Shire of Donnybrook-Balingup

[2013] FWCA 8681

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Donnybrook-Balingup
(AG2013/10779)

SHIRE OF DONNYBROOK-BALINGUP’S OUTDOOR WORKS & SERVICES ENTERPRISE AGREEMENT 2013

Local government administration
COMMISSIONER WILLIAMS	PERTH, 5 NOVEMBER 2013

Application for approval of the Shire of Donnybrook-Balingup’s Outdoor Works & Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Donnybrook-Balingup’s Outdoor Works & Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Shire of Donnybrook-Balingup. The Agreement is a single-enterprise agreement.

[2] Pursuant to s.185(3)(b) of the Act, the Fair Work Commission extends the period for filing the application in this matter to the date on which the application was filed.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Shire of Donnybrook-Balingup sought approval for its Outdoor Works & Services Enterprise Agreement 2013. The Shire's application was made in the context of the Fair Work Act 2009, seeking to ensure that the terms and conditions of employment within the Shire's Outdoor Works & Services division complied with federal labour law. The primary dispute centred on the procedural validity of the application and whether the agreement met the requisite standards under the Fair Work Act.

The court was required to determine whether the Shire had correctly followed the necessary procedures in the agreement's development and whether the agreement itself provided for fair and equitable terms for employees. Key issues included whether the agreement was genuinely bargained between the Shire and its employees, and whether it met the standards for good faith bargaining and fairness as prescribed by the Fair Work Act. The court examined the evidence provided by the Shire to ascertain whether the agreement was made in good faith and whether it adhered to the legal requirements for fair terms and conditions of employment.

In examining the evidence, the court found that the Shire had indeed followed the necessary procedures in developing the agreement. The court considered the process of consultation and negotiation between the Shire and its employees, and found that these processes were conducted in good faith. The court also reviewed the terms of the agreement and concluded that they were fair and reasonable, meeting the statutory standards for approval under the Fair Work Act. Consequently, the court approved the Shire of Donnybrook-Balingup’s Outdoor Works & Services Enterprise Agreement 2013.

The court’s decision was based on a thorough examination of the procedural fairness of the agreement's development and the substantive fairness of its terms. The Shire's application was approved, allowing the terms of the agreement to be implemented, provided they complied with the approved terms. The approval signified that the agreement was in line with the legislative framework and would govern the employment conditions of the Outdoor Works & Services division within the Shire.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established